- 1 - HC-KAR NC: 2026:KHC:3539 CRL.P No. 12822 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12822 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SUNIL S/O. RANGANATHA, AGED ABOUT 24 YEARS, R/O. KELLODU VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT, PIN-577 527. …PETITIONER (BY SRI SUYOG HERELE E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HOSADURGA POLICE STATION CHITRADURGA DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001. 2. SRI. VIRUPAKSHAPPA S/O. MARIYAPPA AGED ABOUT 43 YEARS R/O. KELLODU VILLAGE HOSADURGA TALUK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3539 CRL.P No. 12822 of 2025 CHITRADURGA DISTRICT, - 577 527. …RESPONDENTS (BY SRI HARISH GANAPATHY, HCGP FOR R1 R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.No.60/2025 (PENDING ON THE FILE OF LD. SPL. 2ND ADDL. DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN SPL.C.(POCSO) No.120/2025 REGISTERED BY HOSADURGA POLICE STATION, CHITRADURGA DISTRICT, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 137(2) AND 64(2)(m) OF BNS 2023 AND SECTION 4 AND 6 OF POCSO ACT OF 2012 AND ALSO SECTION 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT OF 2006. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.60/2025 of Hosadurga Police Station, pending in Spl.C.(POCSO) No.120/2025 on the file of Special 2nd Additional District and Sessions Judge, Chitradurga, registered for offences under Section 137(2), 64(2)(m) of BNS and Sections 4 - 3 - HC-KAR NC: 2026:KHC:3539 CRL.P No. 12822 of 2025 and 6 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006. 2. Heard learned counsel for petitioner and learned HCGP for Respondent No.1/State. Inspite of service of notice, Respondent No.2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that the petitioner and the victim girl were in love affair since last 3 years. The petitioner and victim girl thereafter went together and married and led marital life. The victim girl is aged 17 years 4 months as on the date of offence. She is of the age of understanding the consequences of her acts. The victim girl has stated regarding her love affair with the petitioner in her statement recorded under Section 183 of BNSS, and so also, in the history given before the Doctor. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:3539 CRL.P No. 12822 of 2025 4. Per contra, learned HCGP would contend that the victim is a minor and in her statement she has specifically stated the forcible act of sexual intercourse by the petitioner on her. The charge sheet material shows prima- facie case against the petitioner. With this, he prays to reject the petition. 5. Having heard the learned counsels, the Court has perused charge sheet and other materials placed on record. 6. As per prosecution case, the petitioner took the victim girl to temple on his motorcycle and tied Tali to her in the presence of accused No.2 in Appaji Vattara and thereafter had sexual intercourse on her repeatedly. 7. The victim girl went with the petitioner on 12.02.2025 and she has been secured on 27.04.2025. The victim girl was aged 17 years 4 months as on the date of offence. In the statement recorded under Section 183 of BNSS, victim girl has stated that she is having love affair - 5 - HC-KAR NC: 2026:KHC:3539 CRL.P No. 12822 of 2025 with the petitioner since last 3 years. The victim girl has also stated the same in the history before the doctor. The victim girl is of the age of understanding the consequences of her acts. The petitioner is aged 24 years and he is not having any criminal antecedents. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 27.04.2025. 8. Considering the above aspect, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in Spl.C(POCSO)No.120/2025 (Crime No. 60/2025 Hosadurga Police Station) pending on the file of Special 2nd Additional District and Sessions Judge, Chithradurga, subject to following conditions: - 6 - HC-KAR NC: 2026:KHC:3539 CRL.P No. 12822 of 2025 (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the trial Court. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 3